Directive 2015/2366/EC, known as the recast Payment Services Directive (PSD2), entered into force on 12.01.2016 and requires Member States to ensure compliance with its provisions by 13.01.2018. According to its Preamble, the PSD2 seeks to achieve alignment with the developments in the market and the emergence of new technologies and types of payment services, to …
A is for award! It is essential to start with the end result in mind; the purpose of any arbitration is to secure an award that you can ratify and enforce against the respondent’s assets. An unenforceable award is worthless and unfortunately in the Gulf you have a greater chance of ending up in this …
Third-party due diligence systems are receiving renewed interest in Turkey. An increasing number of companies are adopting compliance programs to create an ecosystem of compliance for both antitrust and anticorruption issues. The companies are opting to invest in these systems due to active local authorities, increasing digitalisation, and to have an adequate control on compliance …
Internal investigations and public enforcement actions pose significant legal challenges for companies. The inherent multidisciplinary nature of the most frequent issues, which requires an in-depth knowledge not only of the laws and regulations of the relevant industry, but also of criminal, corporate, contract, data protection and labour law (often in more than one jurisdiction), increases …
Look out law schools, there is a disrupter in town. Naturally, that town is Silicon Valley, the home of innovation. And the innovator in question is University of California Berkeley, which includes a leading US law school, renowned for its prowess in technology and IP.
In recent years the size of the administrative fines imposed by the Central Bank of Ireland (CBI) in enforcement cases has significantly increased. This article gives an overview of the CBI’s enforcement regime, including the compulsory information gathering-powers that the CBI has at its disposal and the scenarios in which these powers could be used …
A key session of the Commercial Litigation Summit tackled aspects of global investigations from an in-house and external adviser perspective. Clifford Chance partner Judith Seddon began by looking at deferred prosecution agreements (DPAs) and self-reporting. She posed the question: ‘How effective are DPAs in changing corporate behaviour? From a corporate-governance perspective, does the failure-to-prevent offence …
Kate McMahon and, Tamlyn Edmonds of Edmonds Marshall McMahon discuss their approach to white-collar crime investigation and the unique role that specialist firms can play.
During Apple’s earnings conference call in May, chief executive Tim Cook discussed the company’s long-running and bitter dispute with Qualcomm, a company that manufactures internal components for the iPhone.
Being a director or senior officer of a corporate organisation has a number of responsibilities. With these is a corresponding liability when things go awry. These include the possibility of a prosecution if the criminal law has been breached.
Internal investigations can be challenging – they are fast paced, highly sensitive, completely confidential and necessitate strategic choices at every turn. They require a steady hand at the helm, guided by the most accurate and precise information available at the time. Internal investigations combine a number of skills such as crisis management, damage control and …